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The court listens to the youth justice officer risked the jail secretly registering the attached murder within the Don Dale detention Center

The court listens to the youth justice officer risked the jail secretly registering the attached murder within the Don Dale detention Center

The secret recordings of a conversation among adolescents imprisoned at the Dale Dale Youth Detention Center of the Northern Territory, made by a youth justice officer, have been described by a judge as a “reckless” infraction of surveillance laws.

The objective of the recordings was a 17 -year -old boy, who cannot be appointed for legal reasons, who was sent in the youth prison while waiting for the trial for the murder of Kingsley Alley JR, 18, at the end of 2022.

In the hearings prior to the trial at the end of last year, NT prosecutors presented eight of the 21 recordings made by the youth justice officer, but were finally expelled by the court and were not heard during the trial.

The details of the surveillance can only be made public now that the trial has concluded.

The teenager, along with her criminals Madison Butler, her mother Melissa Clancy and Dichlan Wurramarra, were declared guilty last year by a jury of Mr. Alley’s murder.

A teenager with a white hoodie and a black baseball cap

Kingsley Alley, eighteen, was found dead in a Palmerston entrance in October 2022. (Supplied)

Butler, Clancy and Wurramarra received mandatory perpetual chain sentences last month.

The adolescent received a minor sentence by virtue of the 14 -year prison youth justice law with a period of seven years not by probation, due to what the judge of the Supreme Court of NT, Peter Barr, said, Peter Barr, They were its “probable cognitive and behavioral impediments.”

Officer risked imprisonment with a ‘significant’ violation of surveillance laws

The Supreme Court of NT heard that while he was in preventive detention in Don Dale in October 2022, the 18 -year murder, abused murders, made a series of statements to two other detainees, through his cell doors.

According to the transcripts of the recordings presented by the prosecutors, the adolescent discussed the events prior to Alley’s murder, including his own participation, the reason for the murder and his identification of Declan Wurramarra as having strung Mr. Alley.

Capture what the judge described as a “long monologue” of the teenager, the court heard that the recordings were caused by the activation of the intercommunicator system of the cell block, because they believed that young people were at risk of a medical episode.

But Judge Barr discovered that after establishing there was no emergency, and knowing the discussion related to criminal procedures, the officer had still continued the recording.

The court heard that after the first recording, 20 more recordings were made of young people, each of them activated separately through the intercom system.

Bad wire on a jail fence.

The youth justice officer made 21 recordings of the 17 -year -old conversations while he was in custody in Don Dale. (105.7 ABC Darwin: Emilia Terzon)

Judge Barr said that at no time the adolescent knew that his conversations were being registered.

“The situation was not one in which the circumstances were so serious and the matter of so much urgency, that the listening device was being used in public interest,” he said.

He said that if they are accused, processed and tested, the officer who made the recordings could face up to two years in prison for violating the surveillance devices law.

In a statement to ABC, the Director of Public Procedure of the NT said that the investigation of the incident and if presenting charges was an issue for the police force of the NT.

The court listens to the police did not investigate

Judge Barr also told the Court that after receiving the recordings, the police did not investigate any “very incriminating” evidence had been legally obtained.

Although he discovered that there had been no “atrocious” misconduct by the Police in their handling of recordings, he leveled criticism for their inability to do more investigations.

A white building with words of the Supreme Court on the front.

Judge Peter Barr says that it would be a “serious injustice” if the covert recordings made by the youth justice officer were admitted as evidence. (ABC News: Peter Garnish)

He said that the process of obtaining an order to monitor the cell block would have been simple, even if it were impossible to know if a legal recording would have yielded similar results.

According to the laws of evidence of territory, the courts may allow the hearing of evidence that is obtained illegally if their importance exceeds any incorrectness in their collection.

Judge Barr said that although the undercover recordings of the adolescent’s private conversation were very valuable in the case of the Prosecutor’s Office, it would be a “serious injustice” if they were admitted as evidence.

“The severity of the contravention and its consequences are decisive in my final reasoning,” he said.

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